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Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office ofthe Clerk
5/07 Leesburg Pike. Suite 2000
Falls Church, Virginia 220./ I
A 088-056-174
Date of this notice: 11/20/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DonrtL CtvVtJ
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
Guendelsberger, John
O'Leary, Brian M.
Date:
NOV 2 0 2015
Immigrant & Refugee Appellate Center, LLC | www.irac.net
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT:
Cite as: Seidi Elda Sandoval-Landero, A088 056 174 (BIA Nov. 20, 2015)
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IN THE MATTER OF
SANDOVAL-LANDERO, SEIDi ELDA
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COURT CLERK
Order of the
Immigration Judge
The respondent in the above captioned case was ordered removed from the United
States on March 24, 2008 following a hearing held in absentia when she did not appear
for the proceeding. On December 2, 2013 the respondent, with counsel, filed a motion
to reopen the proceeding, alleging that the respondent did not appear due to
"exceptional circumstances", that the untimely motion should be considered timely by
"equitable tolling" and that the case should be reopened sua sponte at the respondent's
request. The motion was not filed jointly by respondent and USICE. The respondent is
required by 240(b} (5} (C} (i} of the Immigration & Nationality Act to file any motion
to reopen within 180 days and to demonstrate that the failure to appear was because of
exceptional circumstances. See Title 8 CFR 1003.23(b) (4) (ii).
There is no dispute that the motion is untimely.
See Title 8 CFR
1003.23(b) (4) (ii}. The 100 th day was in September, 2008. There is therefore no
jurisdiction to reopen the case for "exceptional circumstances causing the failure to
appear".
Counsel has provided no authority for the Immigration Court to exercise
''equitable tolling". The Immigration Court is an administrative hearing tribunal. As
such, it is strictly limited to only those powers delegated to it by the Attorney
General. Both the statute and the Attorney General's delegating regulations strictly
limit the time when a motion to reopen for "exceptional circumstances" can be filed.
As this motion is outside that time limit, the Immigration Court is without
jurisdiction to consider it and it will be denied as untimely. While counsel also
appears to argue that the case should be reopened on the Court's motion at his request,
the respondent's unhappy personal life as currently set forth is not entirely
consistent with the narrative she gave when first apprehended by the USCBP and it is
clear that the only impetus for the current motion is her re-apprehension by
immigration authorities. This would not be an appropriate case for the utilization of
any device to circumvent the regulations under the standards set in Matter of J- J-,
21 I&N Dec. 976 (BIA 1997).
As the respondent has not met her burden of demonstrating jurisdiction to reopen
her case or induced the Court to reopen on its own motion for the reasons set forth
above, the motion and accompanying request for a stay of removal shall therefore be,
and are hereby, DENIED. SO ORDERED.
Immigration Judge
CERTIFICATE OF SERVICE
THIS DOCUMENT WAS SERVED BY: MAIL (M)
PERSONAL SERVICE (P)
TO: [ J ALIEN [ J ALIEN c/of.ki stodial Officer
MALlEN'S ATT/HEP [p. S
DATE:
BY: COURT STAFF&l)
Attachments: [ J EOIR-33 [ 1 EOIR-28
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In Removal Proceedings
In the Matter of